Hayden v. Sieni

Miller, J.,

dissents and votes to reverse the judgment appealed from, as a matter of discretion, and to grant the plaintiff a new trial, with the following memorandum, with which Rosenblatt, J., concurs. On June 11, 1984, the plaintiff, a licensed practical nurse, was scheduled to provide overnight in-home care for a patient living in Old Brookville. At approximately 11:20 p.m., while travelling through an unfamiliar neighborhood, the plaintiff pulled her car into the driveway of the home she believed to be that of her patient. She exited her car dressed in her two-piece white nurse’s uniform,…